Page No.# 1/3 vs Narayan Konwar
2025 Latest Caselaw 8692 Gua

Gauhati High Court

Page No.# 1/3 vs Narayan Konwar on 19 November, 2025

Author: Nelson Sailo

Bench: Nelson Sailo

                                                               Page No.# 1/3

GAHC010085552024




                                                         2025:GAU-AS:15674

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                       Case No. : Cont.Cas(C)/553/2024


         JAYANTA DAS
         C/O GAJENDRA DAS
         RESIDENT OF KUKUWABATABARY WARD NO. 8
          PO PATHSALA
          DIST BAJALAI
          ASSAM 781325

         2: SEWALI DAS
         C/O MOHINI DAS
         VILLAGE RUPNAGAR
          PO INDRAPUR
          DIST BARPETA
         ASSAM 781032

         3: MAMANI BHATTACHARYYA
         C/O HAREKRISHNA SHARMA
         RESIDENT OF BHATTADEV NAGAR WARD NO. 1
         PO PATHSALA
         DIST BARPETA
         ASSAM 781325

         4: MALAYA MALAKAR
         C/O TAPAN BHARALI
         VILLAGE DUBI (MALIPARA) PO DUBI
         DIST BAJALI
         ASSAM 781325

         5: NAREN PATHAK
         C/O LATE MATHUR PATHAK
         VILLAGE MAKHIBAHA
         PO MAKHIBAHA
         DIST NALBARI
         ASSAM 781325
                                                                     Page No.# 2/3

             VERSUS

             NARAYAN KONWAR
             COMMISSIONER AND SECRETARY TO GOVT OF ASSAM EDUCATION
             (SECONDARY ) DEPT DISPUR GUWAHATI

             2:MAMATA HOJAI
             DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19
              ------------
             Advocate for : MR S BORTHAKUR
             Advocate for : MR. D SAIKIA (R-2) appearing for NARAYAN KONWAR



                                  BEFORE
                      HONOURABLE MR. JUSTICE NELSON SAILO

                                     ORDER

Date : 19.11.2025

Heard Mr. D. C. Nath, learned counsel for the petitioners, who submits that the common Judgment and Order dated 12.04.2023 passed by this Court with the lead case being WP(C) No. 1353 of 2022 has not been complied with by the respondent and for which reason the instant contempt petition has been filed.

[2.] Mr. S. M. T. Chistie, learned counsel appearing for the respondent submits that the respondent authority concerned has passed a Speaking Order on 18.11.2025, whereby, upon coming to a finding that the petitioners have not rendered six (6) years of continuous service as on 01.01.2017 counting from 31.12.2010, their service cannot be provincialised. Accordingly, the Speaking Order was passed in compliance of the Court's direction.

[3.] Mr. D. C. Nath, learned counsel for the petitioners, on the other hand, submits that this Court had indeed taken into consideration all aspects of the matter and thereafter passed the Judgment and Order dated 12.04.2023 and as Page No.# 3/3

such, it will not be open for the respondent to not grant the benefit of provincialisation to the petitioners.

[4.] Upon perusing the Judgment and Order dated 12.04.2023 and also the Speaking Order produced by Mr. S. M. T. Chistie, this Court is inclined to close the contempt petition.

[5.] However, the petitioner would be at liberty to challenge the Speaking Order by way of appropriate proceeding as may be permissible in law, if so advised.

[6.] The Speaking Order produced by Mr. S. M. T. Chistie, shall be kept on record and marked as "X" for identification.

JUDGE

Comparing Assistant